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A Supreme Court bench of Justices DY Chandrachud, Surya Kant and Sanjeev Khanna today permitted the Central Bureau of Investigation (CBI) to coordinate with Interpol and issue a blue corner notice against one Khaled Kamal Hussein Mohamed Kassem, an Egyptian citizen, who despite the orders of the Bombay High Court directing him to stay in the country, left the country with his child.

The Bombay High Court, on January 13, 2020, in a divorce proceeding between Kaseem and his wife, had granted custody of the child to Kassem. The court had, however, directed Kassem to stay in Pune with the child for a period of eight weeks from the day of the order.

Despite this order, Kassem by an email dated February 16, 2020 indicated that he had left the country with the child. The mother and her relatives then approached the Supreme Court challenging the order of the High Court and bringing on record the fact that Kassem has left the country.

In the order dated March 9, 2022, the Top Court had noted that despite a counsel who entered appearance on behalf of Kassem stated that he would be applying for discharge in the proceedings.

Taking note of this fact, Court had said, “The above facts would indicate that the first respondent was conscious of the fact that recourse against the judgment of the High Court was likely to be taken and was, in fact, taken by the petitioners. Though counsel was engaged initially, he stated before this Court that no further instructions were forthcoming from the first respondent.”

Court further had noted, "Kassem’s failure to abide by the terms and conditions imposed by the High Court would not only invite action in the exercise of the contempt jurisdiction, but, in addition, we take serious note of the conduct of Kaseem who has taken away the child in an attempt to foreclose the exercise of the jurisdiction of this Court and remedies available to the petitioners."

Therefore, Court had ordered CBI to be impleaded as a party to the proceedings and directed that it shall issue a Red Corner Notice to secure the presence of Kassem.

When the matter came up for hearing today, Aishwarya Bhati, ASG, appearing for the CBI submitted that they will require court’s direction to issue Blue corner notice against Kassem (to collect additional information about a person's identity, location or activities in relation to the crime) and a Yellow corner notice against the child (to be treated as a missing person).

Court, on hearing her submission, granted permission to CBI to coordinate with Interpol and issue the notices. Court stated that this has to be done as the child was “secreted away despite clear orders of the court.”

Case title: Paulami Apte Vs Khaled Kamal Hussein Mohammad Kassem